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Michigan Eviction Notice Templates | Laws

Michigan eviction notice is given to tenants to notify them that they may be evicted if they don’t pay rent, cure a lease violation, or vacate from the property. Unless the tenant’s occupancy is unlawful, the landlord will be required to serve this notice to the tenant before terminating their tenancy and filing an eviction lawsuit (a.k.a. “Summary Proceedings” action) with the district court. The notice may provide instructions about how the tenant can prevent an eviction lawsuit (e.g., pay rent, fix damages, remove pets). Tenants who fail to satisfy the landlord’s demands before the notice expires may be evicted and forced to pay additional monetary damages.

Contents

By Type (7)

7-Day Notice to Quit for Non-Payment – Provides a tenant with seven (7) days to pay rent or quit the premises. The landlord can file for eviction if the tenant fails to satisfy the notice requirements within the seven (7) day period.

Download: PDF
Laws: § 554.134(2)

 


30-Day Notice to Quit for Non-Compliance – Informs a tenant that they have thirty (30) days to move out or remedy a lease violation, provided that power to terminate for such a violation is written in the lease.

Download: PDF, Word (.docx), OpenDocument
Laws: § 600.5714(1)(c)(i)

 


7-Day Notice to Quit for Damage/Health Hazard to Property – An eviction notice for tenants who create a health hazard or damage the property in a serious and continuing manner. The tenant must remedy the problem within seven (7) days after receipt of the notice or they will be forced to vacate.

Download: PDF
Laws: § 600.5714(1)(d)

 


1-Month Notice to Terminate Month-to-Month Tenancy (for Landlords) – Enables a landlord to terminate a periodic, monthly tenancy for any or no reason. The landlord must give the tenant one (1) month’s notice of termination.

Download: PDF
Laws: § 554.134(1)

 


1-Month Notice to Terminate Month-to-Month Tenancy (for Tenants) – Used by tenants to notify the landlord that their month-to-month tenancy agreement will terminate in one (1) month.
Deleted: Download: PDF, Word (.docx), OpenDocument
Deleted: Laws: § 554.134(1)

 


24-Hour Notice to Quit for Unlawful Drug Activity – Informs a tenant that they have twenty-four (24) hours to vacate due to unlawful drug activity on the premises.

Download: PDF
Laws: § 554.134(4)

 


Immediate Notice to Quit for Forceful Entry, Forceful Stay, Trespass – While not legally required, this notice may be used to inform a tenant/occupant that their possession of the premises is unlawful and that they must move immediately to avoid an eviction lawsuit.

Download: PDF, Word (.docx), OpenDocument
Laws: § 600.5714(1)(f)

 


Eviction Laws + Required Notices


How to Evict a Tenant

To evict a tenant in Michigan, the landlord will need to obtain a court order forcing the tenant to vacate the property. A court order will be awarded when there are legal grounds for eviction such as the tenant’s failure to pay rent or vacate following the expiration of the lease. However, tenants cannot be evicted without first receiving proper notice to vacate.

Step 1 – Prepare Eviction Notice

A notice to vacate, also known as a “notice to quit,” informs the tenant of the lease termination, most notably the reason they are being evicted and the amount of time they have to act in order to prevent an eviction lawsuit. Landlords must prepare an eviction notice that corresponds with the cause of eviction. The notice types are as follows:

If the landlord is trying to evict a tenant who hasn’t moved after their lease expires, and more than thirty (30) days have passed since the lease ended, the landlord will need to use the 1-Month Notice to Terminate Month-to-Month Lease. If it has been less than thirty (30) days since the lease ended, the landlord can file for eviction without providing notice to the tenant (while not required in this circumstance, the landlord can provide the tenant with an Immediate Notice to Quit).

Step 2 – Serve Eviction Notice

After preparing an eviction notice, it must be served on the tenant by the landlord. The notice may be served using any of the following methods:

  • Personal delivery to the tenant;
  • Personal delivery to a member of the household who is of suitable age;
  • Delivery by first-class mail to the tenant’s address; or
  • E-mail (if allowed in the lease).

If the landlord serves the notice in-person, the notice period starts on the following date. If the notice was mailed, the notice period starts on the subsequent mailing day (Sundays and holidays excluded).

Step 3 – File Eviction Complaint

If the tenant fails to do what the landlord requires before the notice period expires, the landlord can initiate an eviction lawsuit, a.k.a. “Summary Proceedings” action, by filing a complaint with the district court where the property resides. Attached to the complaint must be a copy of the notice to quit and the lease (unless the tenancy was established under an oral agreement). The landlord must pay a fee when filing their complaint.

The following complaint forms are accepted by the court:

Step 4 – Serve Eviction Paperwork on Tenant

After the landlord submits their eviction complaint, they will need to file a Summons (Form DC 104). The summons will notify the tenant of the eviction and relay the trial date. The landlord must arrange to have the tenant served with the summons, eviction complaint, and a copy of both the notice to quit and the lease (if any). These documents must be sent to the tenant by first-class mail AND delivered by an officer or process server in one (1) of the following ways:

  • Personal delivery;
  • Certified mail (return receipt requested);
  • Personal delivery to a member of the household who is of suitable age; or
  • If none of the aforementioned service methods are possible, posted to the entrance of the property.

Step 5 – Tenant Files Answer

The tenant must respond by filing an answer by the trial date indicated on the summons. An answer may be submitted orally to the court or in writing using one (1) of the following court-provided forms (the form must correspond with the eviction complaint):

If the parties wish to settle the matter before appearing in court, they can file a Consent Order for Conditional Dismissal (Form DC 508). If a compromise is reached, the parties must notify the court of their decision to determine whether a trial is still necessary.

Step 6 – Eviction Trial

Both the tenant and landlord will need to attend the eviction trial on the date stated in the summons. Failure by either party to appear in court may result in a ruling in the other’s favor. If the landlord is awarded an eviction judgment, the court will force the tenant to pay rent (if the matter can be resolved by payment), remedy an issue, or vacate the property. If the tenant prevails in court, they will be permitted to retain their tenancy. Either party can appeal the court’s decision within ten (10) days after the ruling.

Step 7 – Order of Eviction

If the landlord is awarded an eviction judgment and the tenant doesn’t make an appeal within ten (10) days, the landlord must file an Application and Order of Eviction (Form DC 107) to request an eviction order. If the eviction is for non-payment, the tenant may be able to prevent the issuance of an eviction order by paying rent in full plus all costs/fees awarded to the landlord.

Step 8 – Evict Tenant

Once the eviction order is issued, an officer or sheriff will be authorized to visit the tenant at the dwelling and remove them from the property (a fee will be required for this service). Subsequent to the execution of the eviction order, the landlord will be entitled to reclaim possession of their property.


Court Forms + Resources

Forms

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